Last Updated: August 1, 2018 at 5:50 PM
One Wisconsin Institute v. Jacobs
Case Information
Date Filed: May 29, 2015
State: Wisconsin
Issues: Voter ID, Early Voting, Student Voting
Courts that Heard this Case: US District Court of the Western District of Wisconsin (Case 15-cv-324); U.S. Court of Appeals for the Seventh Circuit (Case 16-3091, 16-3083)
Issue:
Whether several Wisconsin statutes are in violation of: Section 2 of the Voting Rights Act, the First Amendment, the Fifteenth Amendment, the Twenty-Sixth Amendment, and the Equal Protection Clause of the Fourteenth Amendment.
Status:
Complaint filed on 5/29/15. Amended complaint filed 6/22/16. Answer filed 7/22/15. Motion to Dismiss filed 7/22/15. Opinion and Order on Defendants' Motion to Dismiss filed 12/17/15. Motion for summary judgment filed by defendants 1/11/16. Second amended complaint filed 3/25/16. Trial beginning May 16. District Court's Findings of Fact and Conclusions of Law filed 7/29/16. Motion to Stay filed 8/3/16. Notice of Appeal filed 8/3/16. Petition for Initial En Banc Review filed 8/3/16. Motion to Expedite filed 8/3/16. District Court Order denying stay in substantial part filed 8/11/16. Emergency Motion to Stay filed in Seventh Circuit 8/12/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 9/12/16. Status Report on Efforts to Inform Public filed 9/22/16. District Court Opinion and Order Granting Plaintiffs' Remedy in Part 10/13/16. Appellees' Brief in Seventh Circuit filed 10/21/16. Final Appendix filed 12/7/16. Oral Argument scheduled for 1/17/17. Oral Argument rescheduled for 2/24/17. Motion to Strike filed 2/14/17. Ordered Motion to Strike 2/15/17. Response to Motion to Strike 2/21/17. Response to Rule 28(j) 2/23/17. Certified Rule Sumbitted for Publication in Wisconsin 3/2/17. Notice of Supreme Court Decision in Bethune-Hill v. Virginia State Board 3/3/17.
District Court Documents
- Complaint
(filed 5/29/15) - Stipulation to Extend Time to Respond to Complaint
(filed 6/08/15) - Plaintiffs' Amended Complaint Against Defendants
(filed 6/22/15) - Telephonic Preliminary Pretrial Conference set for 8/11/2015
- Defendants' Answer and Affirmative Defenses to Plaintiffs' Amended Complaint
(filed 7/22/15) - Notice of Motion and Motion to Dismiss
(filed 7/22/15) - Defendants' Brief in Support of Motion to Dismiss
(filed 7/22/15) - Motion for Leave to Participate as Amici Curiae and Corporate Disclosure Statement
(filed 7/30/15) - Joint Preliminary Pretrial Conference Statement
(filed 8/06/15) - Minute Entry for Proceedings (8/11/15) (No Document Available)
- Plaintiffs' Opposition to Motion to Dismiss
(filed 8/12/15) - Preliminary Pretrial Conference Order
(filed 8/13/15) - Order Denying PILF's Motion for Leave to Participate as Amicus Curiae
(filed 8/17/15) - Defendants' Reply in Opposition to Motion to Dismiss
(filed 8/21/15) - Notice of Motion and Motion to Intervene of Senator Van Wanggaard, Representative Kathy Bernier, Wisconsin Election Officials and Wisconsin Voters
(filed 9/01/15) - Memorandum of Law in Support of Motion to Intervene
(filed 9/01/15) - Notice of Filing of Official Transcript of Oral Argument Proceedings held on 8/25/15 (No Document Available)
- Plaintiffs' Opposition to Motion to Intervene
(filed 9/15/15) - Confidentiality Stipulation And Agreed Qualified Protective Order For Production of Information From the State Voter Registration System
(filed 9/22/15) - Stipulated Motion for Protective Order by Plaintiffs
(filed 10/16/15) - Motion to Quash Subpoena by Movant
(filed 10/20/15) - Affidavit of Jamie Feuerhelm filed by Movant Re: Motion to Quash
(filed 10/20/15) - Joint Motion to Stay Re: Motion to Quash Subpoena by Plaintiffs
(filed 10/23/15) - ORDER denying Motion to Intervene by Movants
(filed 10/28/15) - Opinion and Order on Defendants' Motion to Dismiss
(filed 12/17/15) - Mayer Expert Report
(filed 01/04/16) - Burden Expert Report
(filed 01/04/16) - Ghitza Expert Report
(filed 01/04/16) - Minnite Expert Report
(filed 01/04/16) - Lichtman Expert Report
(filed 01/04/16) - MOTION FOR SUMMARY JUDGMENT by Defendants
(filed 01/11/16) - Brief in Support of Motion for Summary Judgment
(filed 01/11/16) - Proposed Findings of Fact filed by Defendants
(filed 01/11/16) - Expert Report of M.V. Hood III by Defendants
(filed 01/11/16) - Expert Report of Nolan McCarty by Defendants
(filed 01/11/16) - Deposition of Government Accountability Board
(filed 01/29/16) - Deposition of Michael Haas
(filed 01/29/16) - Deposition of Kevin J. Kennedy
(filed 01/29/16) - Deposition of Diane M. Lowe
(filed 01/29/16) - Proposed Findings of Fact filed by Plaintiffs
(filed 02/01/16) - Plaintiffs' Opposition to Motion for Summary Judgment
(filed 02/02/16) - Defendants' Reply Brief
(filed 02/11/16) - Defendants' Reply in Support of Proposed Findings of Fact
(filed 02/11/16) - Response to Proposed Findings of Fact filed by Defendants
(filed 02/11/16) - Response to Additional Proposed Findings of Fact filed by Defendants (Document Sealed) (filed 02/11/16)
- Rebuttal Expert Report of Allan J. Lichtman by Plaintiffs (Document Sealed) (filed 02/24/16)
- Redaction to Rebuttal Expert Report
(filed 02/24/16)
- Exhibits 1-30 filed under seal
- Plaintiffs' Motion for Partial Reinstatement of Voter ID Claims
(filed 02/24/16) - Plaintiffs' Brief in Support of Motion for Miscellaneous Relief, Motion for Partial Reinstatement of Voter ID Claims
(filed 02/24/16)
- Brief in Support of MOTION for Partial Reinstatement of Voter ID Claims by Plaintiffs
(filed 03/01/16)
- Brief in Opposition by Defendants
(filed 03/16/16) - ORDER granting Motion for Partial Reinstatement of Voter ID Claims
(filed 03/21/16) - SECOND AMENDED COMPLAINT against All Defendants
(filed 03/25/16)
- Motion for More Definite Statement in Response to Plaintiffs' Second Amended Complaint
(filed 04/06/16) - Brief in Opposition by Defendants
(filed 04/07/16) - Brief in Opposition by Plaintiffs
(filed 04/11/16)
- ORDER granting Motion for Leave to Take Additional Depositions and denying Motion for More Definite Statement
(filed 04/12/16) - Defendants' ANSWER to Second Amended Complaint
(filed 04/26/16) - Motions in Limine by Defendants
(filed 05/02/16) - Deposition of Yair Ghitza taken on April 14, 2016
(filed 05/03/16) - Declaration of Jody Schmelzer filed by Defendants
(filed 05/03/16)
- Motion in Limine Regarding Legislators' Public Statements by Plaintiffs
(filed 05/03/16) - Deposition of M.V. Trey Hood III taken on April 7, 2016
(filed 05/09/16) - Deposition of Nolan McCarty taken on April 14, 2016
(filed 05/09/16) - Declaration of Dr. Yair Ghitza filed by Plaintiffs
(filed 05/09/16) - Declaration of Dr. Kenneth Mayer filed by Plaintiffs
(filed 05/09/16) - Brief in Opposition by Plaintiffs
(filed 05/10/16) - Deposition of Neil Albrecht taken on 4/18/16
(filed 05/11/16) - Deposition of David Aponte taken on 4/28/16
(filed 05/11/16) - Deposition of Barry Burden taken on 4/7/16
(filed 05/11/16) - Deposition of Yair Ghitza taken on 4/14/16
(filed 05/11/16) - Deposition of Anita Johnson taken on 4/13/16
(filed 05/11/16) - Deposition of Andrea Kaminski taken on 4/11/16
(filed 05/11/16) - Deposition of Allan Lichtman taken on 4/20/16
(filed 05/11/16) - Deposition of Kenneth Mayer taken on 4/8/16
(filed 05/11/16) - Deposition of Nannette Mayze taken on 4/22/16
(filed 05/11/16) - Deposition of Lorraine Minnite taken on 4/13/16
(filed 05/11/16) - Deposition of Scot Ross taken on 4/22/16
(filed 05/11/16) - Deposition of Cassandra Silas taken on 4/21/16
(filed 05/11/16) - Deposition of Scott Trindl taken on 4/13/16
(filed 05/11/16) - Deposition of David Walker taken on 4/21/16
(filed 05/11/16) - Deposition of Maribeth Witzel-Behl taken on 4/22/16
(filed 05/11/16) - Final Pretrial Conference Report by Plaintiffs
(filed 05/11/16) - ORDER granting in part and denying in part Motion for Summary Judgment
(filed 05/12/16) - Final Pretrial Conference Order Granting Motion in Limine
(filed 05/13/16) - Supplemental Expert Report of Allan J. Lichtman by Plaintiffs
(filed 05/22/16) - Declaration of Leroy Switlick
(filed 05/24/16) - Defendants' Admitted Exhibits List
(filed 06/03/16) - Post Trial Brief by Defendants
(filed 06/20/16) - Notice of Supplemental Authorities
(filed 07/22/16)
- Findings of Fact and Conclusions of Law
(filed 07/29/16) - Judgment
(filed 8/1/16) - Notice of Appeal
(filed 8/2/16)
- Notice of Cross-Appeal
(filed 8/3/16)
- Defendants' Motion to Stay
(filed 8/3/16) - Plaintiffs' Response to Motion to Stay
(filed 8/9/16) - Reply in Support of Stay
(filed 8/10/16) - Order Regarding Stay
(filed 8/11/16) - Order Regarding Deadline of Sept. 22, 2016 for Defendants to Make Report to Court
(filed 9/12/16) - Status Report on Efforts to Inform Public
(filed 9/22/16) - Boardman Declaration
(filed 9/22/16) - Haas Declaration
(filed 9/22/16) - Order Requiring State to Provide Report on Allegations that Offices Not Promptly Issuing Voting IDs
(filed 9/30/16) - Motion for Relief Related to Voter ID Law
(filed 10/4/16) - Declaration of Molly McGrath
(filed 10/4/16) - Declaration of Susan McGrath
(filed 10/4/16) - Declaration of Joshua L. Kaul
(filed 10/4/16) - Defendant's Motion Requesting Permission to File a Combined Response to the Order of Sept. 30, 2016 and Plaintiff's Motion for Relief
(filed 10/5/16) - Declaration of Kristina Boardman
(filed 10/7/16) - Declaration of Gabe Johnson
(filed 10/7/16) - Declaration of David Fish
(filed 10/7/16) - Declaration of Craig Lindgren
(filed 10/7/16) - Declaration of Greg Jenswold
(filed 10/7/16) - Declaration of Stacey Kvammen
(filed 10/7/16) - Declaration of Jeremy Krohn
(filed 10/7/16) - Declaration of Wendy Schoebel
(filed 10/7/16) - Declaration of Michael Haas
(filed 10/7/16) - Opinion and Order
(filed 10/13/16) - Defendants' Response
(filed 10/14/16) - Defendants' Report on IDPP Quality Assurance and Outreach Efforts
(filed 10/21/16)
- Declaration of Michael Haas
(filed 10/21/16) - Declaration of Kristina Boardman
(filed 10/21/16)
- Declaration of Michael Haas
- Joint Phase Two Report
(filed 10/21/16) - Order Directed to The DMV
(filed 10/26/16) - Defendants' Report on IDPP Quality Assurance and Outreach Efforts
(filed 10/28/16)
- Declaration of Michael Haas
(filed 10/28/16) - Declaration of Kristina Boardman
(filed 10/28/16)
- Declaration of Michael Haas
- Defendants' Report on IDPP Quality Assurance and Outreach Efforts
(filed 11/4/16)
- Declaration of Michael Haas
(filed 11/4/16) - Declaration of Kristina Boardman
(filed 11/4/16)
- Declaration of Michael Haas
- Defendants' Supplemental Report Regarding Distribution of Provisional Ballot Information
(filed 11/17/16)
- Declaration of Kristina Boardman
(filed 11/17/16)
- Declaration of Kristina Boardman
Seventh Circuit Court of Appeals documents
- Petition for Initial En Banc Review
(filed 8/5/16) - Motion to Expedite
(filed 8/5/16) - Emergency Motion to Stay
(filed 8/12/16) - Response Opposing Motion to Stay
(filed 8/18/16) - Reply in Support of Stay
(filed 8/19/16) - Order Denying Stay
(filed 8/22/16) - Order Denying Initial En Banc Review
(filed 8/26/16) - Appellants' Brief and Short Appendix
(filed 9/12/16) - Appellants' Separate Appendix
(filed 9/12/16) - Plaintiff-Appellees' Response and Cross-Appeal Brief
(filed 10/21/16) - Motion of the League of Women Voters of Wisconsin and Mayor Tom Barrett to File a Brief as Amici Curiae
(filed 10/26/16) - Motion of Common Cause, For Leave to File a Brief as Amicus Curiae in Support of the Plaintiffs
(filed 10/26/16) - Order Granting Motion to File Amicus Briefs on Behalf of Plaintiff
(filed 10/28/16) - Brief of Amicus Curiae Common Cause in Support of Plaintiffs-Appellees
(filed 10/31/16) - Brief of Amici Curiae The League of Women Voters of Wisconsin, The City of Madison, and Milwaukee Mayor Tom Barrett in Support of Plaintiffs-Appellees
(filed 10/31/16) - Joint Response to Order and Motion for Additional Relief
(filed 11/17/16) - Reply and Response Brief of Defendants-Appellants, Cross-Appellees
(filed 11/23/16)
- Supplemental Appendix of Defendants-Appellants, Cross-Appellees
(filed 11/23/16)
- Supplemental Appendix of Defendants-Appellants, Cross-Appellees
- Reply Brief of Plaintiffs-Appellees
(filed 12/7/16) - Final Appendix
(filed 12/7/16) - Appellants' Citation of Additional Authority
(filed 12/14/16) - Appellants' Submission of Additional Authority
(filed 12/20/16) - Appellees' Response to Submission of Additional Authority (filed 12/22/16)
- Order Vacating Oral Argument
(filed 1/10/17) - Appellees' Citation of Additional Authority
(filed 1/13/17) - Motion to Advance Rescheduling of Oral Argument
(filed 1/13/17) - Appellants' Response to Citation of Additional Authority
(filed 1/19/17) - Notice of Oral Argument set for 2/24/17
(filed 1/20/17) - Appellants
(filed 2/7/17) - Motion to Strike
(filed 2/14/17) - Ordered Motion to Strike
(filed 2/15/17) - Response to Motion to Strike
(filed 2/21/17) - Response to Rule 28(j)
(filed 2/23/17) - Certified Final Rule Submitted for Publication in Wisconsin
(filed 3/2/17) - Notice of Supreme Court Descision in Bethune-Hill v. Viriginia State Board
(filed 3/3/17)


Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
more commentary...